Evidence

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The #MeToo movement has galvanized women and women's groups to call out, respond to, and challenge pervasive sexual harassment in workplaces as varied as Uber, Hollywood, and Congress. Charges, as well as civil lawsuits are being filed. But what will happen if and when these cases go to trial? Sexual harassment cases are notoriously "he said, she said," situations subject to the interpretations of the "reasonable" or "objective" person, and social standards and mores about what does and does not cross the line. Recent backlash against what constitutes harassment blurs the lines between actionable wrongs, poor judgment, and bad manners. This panel will examine the evidentiary basis for sexual harassment claims, the problems of proof with credibility issues, the evidentiary standards of civil and criminal cases, and the challenges and opportunities for litigants in the courtroom.